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Evidence Keyed to Park
Estate of Murdock
Citation:
32 M.U.C. 352 (1983)Facts
Arthur G. Murdock had executed a will, leaving his entire estate to Sarah, his second wife, if she should survive him, but if she did not, then to his children by his first marriage in equal shares. Sarah Hayes Murdock, on the other hand, had made a substantially similar will, leaving her entire estate to Arthur G. Murdock. The problem comes from the fact that Sarah and Arther were in their private airplane when it crashed, resulting in their deaths. Expert medical testimony was presented on both sides as to how long both had lived after the crash. The crucial testimony at issue was that of Deputy Sheriff Alfred Linden, who arrived at the scene of the crash ten minutes after the crash. On objection, his evidence was excluded by the trial judge on the grounds that it was hearsay.
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